[HISTORY: Adopted by the Town Board of the Town of Barton 8-13-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
Open burning of materials can pose a threat to life and property in the Town of Barton if not properly controlled. Such burning can cause air pollution, which can have detrimental effects on a citizen's health. Such burning can spread and cause damage and possible loss of life to other properties and their owners. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Town of Barton by restricting the open burning of combustible materials. It is not the intent of this chapter to prohibit recreational burning if proper precautions are followed.
As used in this chapter, the following terms shall have the meanings indicated:
BURNING
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere.
BURNING BARREL
A burning barrel shall have vent holes and be covered with screen, shall be emptied monthly and shall not be allowed to smolder.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
OPERATOR
Any person who has care, custody, or control of a building or premises, or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, including but not limited to a dwelling or dwelling unit, as owner or agent of the owner or as a fiduciary, including but not limited to executor, administrator, trustee, receiver, guardian or as mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee or sublessee of all or any part of any premises, including but not limited to a dwelling or dwelling unit, shall be deemed to be a co-owner with the lessor and shall have joint responsibility with the owner over the premises or portion thereof so leased or subleased.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
REFUSE
All waste material, including but not limited to garbage, diapers, rubbish, incinerator residue, street sweepings, dead animals or offal, solid or liquid waste material, including but not limited to rags, furniture, cans, crockery, plastics, cartons, chemicals, paint, grease, sludge, oils, and other petroleum products, treated lumber, demolition materials, tires and automobiles and other vehicles and parts for junk, salvage or disposal.
RUBBISH
Untreated clean wood, trees, leaves, trimmings and brush.
Except as permitted elsewhere in this chapter, no person, including but not limited to an owner or operator, shall cause, suffer, allow or permit the following to be burned within the Town of Barton outside of the limits of the Village of Waverly:
A. 
Burning of garbage.
B. 
Burning of refuse.
C. 
Burning of rubbish generated by residential, commercial or industrial activities other than agriculture.
Nothing contained in this chapter shall pertain to the operation of outdoor grills or fireplaces for the preparation of food where the source of heat is wood, charcoal or gas.
A. 
Not withstanding any other law, no person, partnership or corporation shall burn or allow burning when the Town or County has duly posted a fire prohibition.
B. 
No person shall burn on the day the following holidays are observed: Memorial Day, 4th of July and Labor Day. (NOTE: the only exception is a campfire.)
C. 
No person shall burn within 50 feet of a property line.
Residential burning restrictions:
A. 
Burning in a burning barrel shall be permitted, providing that it is not contrary to any other law, as follows: small-scale land clearing/cleanup and/or demolition material consisting of untreated clean wood, trees, leaves, trimmings, brush and paper products. Such burning shall be done only on the site where the materials are generated. (NOTE: See § 67-6C below.)
B. 
Campfires for recreational purposes, with a flame height not to exceed three feet and in an area cleared of combustible materials to a minimum of three feet around the outside of the fire pit.
C. 
Prior to any large-scale burning of land clearing/cleanup and/or demolition material consisting of untreated clean wood, trees, leaves, trimmings, and brush, the proper fire company and the Tioga County Sheriff's office shall be notified. Such notification shall include the location and time of the burn. The Sheriff's office shall also be notified when the burn is completed. This requirement does not apply to burn barrels or campfires.
D. 
All burning allowed under this section shall be attended at all times by a responsible adult.
E. 
Appropriate fire-extinguishing equipment, as designated by the Fire Chief, Constable or Code Enforcement Officer, shall be available at all times during the burn.
F. 
Burning for the purpose of training by the Fire Department.
A. 
Burning allowed under this chapter shall not relieve the person conducting the burn from the responsibility of courtesy to neighbors and shall not relieve him/her from the responsibility of not interfering with the enjoyment of life or property of others. It is his/her responsibility to take steps that assure no off-site nuisances from smoke, embers, etc., occur.
B. 
The Fire Chief or his designee, Sheriff, Constable or Code Enforcement Officer can order any fire extinguished if he deems proper responsibility is not being exercised.
C. 
This chapter does not relieve the person performing the burn of the responsibility of obtaining any other permits required by state or other agencies.
Enforcement of this chapter shall be by the Town of Barton Constables and Code Enforcement Officers, Sheriff's Department, or any other peace officer or police officer, when acting pursuant to their special duties.
A. 
A first violation of this chapter is a first offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed a violation, and for such purpose, all provisions of law relating to open burning shall apply to such violation. In addition thereto, the town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
B. 
For a second offense within one year of the first offense there shall be a fine of not less than $250 and not more than $500 or imprisonment not exceeding 15 days, or both.
If any word, clause, sentence, paragraph, subdivision or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall become effective upon filing with the Secretary of State.